ORD 08-580
ORDINANCE NO. 0 9~ S ~
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
FEDERAL WAY, WASIDNGTON, AMENDING ORDINANCE NO. 06-
533 TO INCREASE THE MAXIMUM NUMBER OF
DEMONSTRATION PROJECTS FROM TWO TO THREE.
(AMENDING ORDINANCE No. 06-533)
WHEREAS, the Federal Way City Council enacted Ordinance No. 06-533 on September 19,2006,
establishing amendments to Federal Way City Code (FWCC) text to allow cottage housing developments,
including Compact Single Family dwelling units, in the RS 7.2, RS 5.0 and RM zoning classifications;
and
WHEREAS, Ordinance 06-533 specifies that cottage housing shall be regulated as demonstration
projects; and
WHEREAS, Ordinance 06-533 specifies that a maximum of two demonstration projects shall be
permitted; and
WHEREAS, three proposals were submitted for cottage housing demonstration projects; and
WHEREAS, all three demonstration project proposals were found to meet the criteria established
for cottage housing demonstration projects; and
WHEREAS, the City Council considered a proposed amendment to Ordinance 06-533 at its April
1, 2008 meeting to allow one additional cottage housing demonstration project to be selected for a total of
three demonstration projects; and
WHEREAS, after full and careful consideration, the City Council of the City of Federal Way finds
that the proposed amendments are consistent with the Findings and Conclusions set forth in Ordinance
06-533 and will not adversely affect the public health, safety, or welfare;
Now, THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY,
WASHINGTON DOES HEREBY ORDAIN AS FOLLOWS:
Section 1. Section 3 of Ordinance No. 06-533 shall be amended to read as follows:
Demonstration Proiects. The City Council has determined that it is in the public's
interest to allow only a limited number of cottage housing developments as demonstration
projects. The city shall limit the number of cottage housing demonstration projects to a
maximum of twe-three. Demonstration projects will be selected, at the Director of
Community Development's discretion, using the selection guidelines detailed below in
section 4. After the seeood third demonstration project has been approved and at least 50
percent of the dwelling units constructed and approved for occupancy by the city building
division, the code amendments adopted in Section 5 below may remain in place with no
demonstration project requirement. If, however, Council determines, based on evaluation of
the demonstration projects, that the code amendments are not in the public's best interest,
Council may amend or repeal the cottage housing code provisions.
Section 2. Section 4 of Ordinance 06-533 shall be amended to read as follows:
Selection Criteria. The City shall use a competitive selection process to determine which
cottage housing developments shall move forward through the permitting process. The City may
approve up to twe three cottage housing developments pursuant to this ordinance. Applications
for cottage housing developments shall be submitted and docketed on a schedule determined by
the Director of Community Development. Applicants shall hold a community meeting to gather
input and suggestions from the neighborhood. Mailed notice shall be provided to property
owners within 300 feet of the subject property. City staff shall attend the meeting. Applicants
shall then have an opportunity to consider comments received and, if appropriate, modify their
proposal in response to neighborhood concerns. The Director of Community Development shall
have the discretion to determine which applications, if any, will be selected to be submitted as
formal applications based on the code, input from the community meeting and the following
criteria:
(a) Consistency with the purpose of the article as specified in the purpose section of the
code.
(b) Demonstration that the project has been designed with sensitivity to adjacent
properties and that impacts with regard to parking, building height, building bulk, lot
coverage, setbacks, screening, open space and aesthetics associated with the
proposed project are substantially equivalent to impacts expected to be associated
with development of conventional housing on the subject property.
(c) Demonstration that the project will result in a highly attractive environment, which
incorporates a high level of quality throughout the development, including but not
limited to the following areas:
1. Architectural design
2. Building materials
3. Open space
4. Parking
The Director may limit the project's density to less than twice the number of conventional single-
family dwelling units that would otherwise be permitted, but not less than 1.75 the number of
conventional single-family dwelling units, if necessary to ensure compatibility with surrounding
development. The Director may select, select with modifications or deny an application. The
decision by the Director of Community Development selecting cottage housing developments to
advance to the formal submittal phase shall be in writing and shall be the final decision of the
city.
Section 3. Severability. The provisions of this ordinance are declared separate and severable.
The invalidity of any clause, sentence, paragraph, subdivision, section, or portion of this ordinance, or the
invalidity of the application thereof to any person or circumstance, shall not affect the validity of the
remainder of the ordinance, or the validity of its application to other persons or circumstances.
Section 4. Corrections. The City Clerk and the codifiers of this ordinance are authorized to make
necessary corrections to this ordinance including, but not limited to, the correction of scrivener/clerical
errors, references, ordinance numbering, section/subsection numbers and any references hereto.
Section 5. Ratification. Any act consistent with the authority 'and prior to the effective date of
this ordinance is hereby ratified and affirmed.
Section 6. Effective Date. This ordinance shall take effect and be in force five (5) days from and
after its passage, approval, and publication, as provided by law.
PASSED by the City Council of the City of Federal Way this /51'1-...-
UF'? ,2008.
day of
CITY OF FEDERAL WAY
(0<- crjI::: -
~ayor,~~~v:~
,CMC
APPROVED AS TO FORM:
f~u: ~
City Attorney, Patricia A. Richardson
FILED WITH THE CITY CLERK:
PASSED BY THE CITY COUNCIL:
PUBLISHED:
EFFECTIVE DATE:
ORDINANCE No: